M/S.Spellbound, v. The Tamilnadu Tourism
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No. 13188 of 2016 and W.P.No. 13188 of 2016 M/s.Spellbound, Represented by its Sole proprietor, Mr.K.N.Reddin, No.32, Elliot's Beach Road, Besant Nagar, Chennai-600 090.
Vs.
1.
The Tamil Nadu Tourism Development Corporation Limited, Represented by its General Manager, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Chennai-600 002.
2.
The State of Tamil Nadu, Represented by its Secretary to the Government, Tourism, Culture & Religious Endowments Department, Secretariat, Fort St. George, Chennai - 600 009.
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to permit the petitioner to dismantle and remove all the goods, movables, machinery, 1/6
equipments, instruments, platforms, stages and iron sheds and all such materials erected by the petitioner for the purpose of organizing the 42nd India Tourism and Industrial Fair, 2016 form Island Grounds, Chennai. For Petitioner : Ms.B.Parthika Devi for M/s.P.Wilson Associates For R1 & R2 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.S.Senthil Murugan Special Government Pleader M/s.Spell Bound, Represented by its sole proprietor, Mr.K.N.Reddin, No.32, Elliot's Beach Road, Besant Nagar, Chennai-600 090.
... Petitioner Vs 1.
Thiru Har Sahay Meena, I.A.S., Managing Director, Tamil Nadu Tourism and Development Corporation, Tourism Complex, Wallajah Road, Chennai-600 002.
2.
Dr.M.Veera Shanmuga Moni, I.A.S., The Principal Secretary to Government, Tourism, Culture and Religious Endowments Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
2/6
3.
Mrs.Kavita Ramu General Manager, Tamil Nadu Tourism and Development Corporation, Tourism Complex, Wallajah Road, Chennai-600 002.
4.
Mr.Prabakaran, General Manager cum CFO, Trade Fair, Tamil Nadu Tourism and Development Corporation, Tourism Complex, Wallajah Road, Chennai - 600 002.
5.
Mr.Radhakrishnan, Manager, Trade Fair, Tamil Nadu Tourism and Development Corporation, Tourism Complex, Wallajah Road, Chennai - 600 002.
... Respondents Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 praying to punish the respondents 1 to 5 for deliberate and willful disobedience of the orders of this Court made in W.P.No.13188 of 2016 on the file of this Court.
For Petitioner : Ms.B.Parthika Devi for M/s.P.Wilson Associates For R1 to R5 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.S.Senthil Murugan Special Government Pleader 3/6
COMMON ORDER This writ petition and the contempt petition are taken up together for disposal.
2. In the year 2016, the petitioner filed this writ petition seeking a mandamus to dismantle the structures that were put up by the respondents. In the said writ petition, an interim order of status quo was granted. Complaining willful disobedience of the same, the contempt petition was filed. In the contempt petition, again an order has been passed to post both the writ petition and the contempt petition together.
3. When the matter came up for hearing, the learned counsel appearing on behalf of the petitioner would submit that much water has flown since from the year 2016 and two suits with reference to the same cause of action that is filed by the petitioner is pending on the original side of this Court in C.S.No.256 & 765 of 2016.
4. The learned Additional Advocate General appearing on behalf of the respondents would submit that there are also two other connected writ 4/6
petitions filed by different persons in W.P.No.28455 of 2016 and 28377 of 2016. The same can be dealt with independently as and when the same is listed.
5. In view thereof, this Court does not decide any of the contentious submissions that are made in the writ petition and the liberty of the petitioner as well as the respondents are kept open to be agitated in the said suit in the manner known to law.
6. By recording the same and keeping open the liberty of the parties, the writ petition stands disposed of. In view of the writ petition being disposed of, there is nothing further to be gone into the contempt petition and the contempt petition shall also stands closed. No costs. 24.03.2025 nsl 5/6
D.BHARATHA CHAKRAVARTHY, J.
nsl W.P.No. 13188 of 2016 and 24.03.2025 6/6